If
there is one thing that many Romblon politicians lack, it's the ability to
think.
Thinking--hard
thinking--is a rare trait, and those imbued with the ability to think often
have the powers of imagination at their disposal. And imagination, when used
properly by a leader, could lead to rational decisions.
One
does not need to be a rocket scientist to figure this out.
On
17 January 2013, Judge Ramiro Geronimo issued a resolution striking out as
unconstitutional Executive Order No. 1, Series of 2011 issued by Gov. Eduardo
C. Firmalo.
The
resolution arose from a special civil case filed by Sibuyan Nickel Properties
Development Corporation against Romblon Governor Eduardo C. Firmalo, San Fernando
Mayor Dindo C. Rios, Vice Governor Mel Madrid, and several other provincial and
municipal officials seeking declaratory relief and praying for a temporary
restraining order on the controversial order which imposes a moratorium on
mining in the province of Romblon.
By
all indication, the resolution was well-thought out, anchored as it was on the
basis of law. I, therefore, salute Judge Geronimo for swimming against public
opinion and issuing the resolution, thereby putting into the right frame the
lingering debate in the province on whether to allow mining or not.
Before
the vociferous and the non-thinkers scream, "Hey, Nicon, you are for mining!"
and throw me the kitchen sink, let me just say this: "I think."
I
think that Judge Geronimo's resolution cuts through the garbage in the mining
debate and sheds light--not on mining per se--but on how government leaders
should behave and think rationally, sensibly, when faced with grave issues that
affect communities, like mining.
You
may ask: "And how's that, 'Hagong it
Buhi'?
Well,
for one, Judge Geronimo said that as governor, Firmalo "cannot validly
issue a moratorium prohibiting all forms of metallic mining in the entire
province of Romblon".
To
back up this declaration, Geronimo (aside: Geronimo is the title of a Lito
Lapid movie, the star of which was himself as a slick gunslinger), used plenty
of ammunition, the most potent of which was the Constitution.
"The
1987 Constitution," Judge Geronimo wrote, "does not prohibit
mining." On the contrary, it ordains it, he said, citing Section 2 of
Article XII of the basic law.
Geronimo
said the contention that Joint Resolution No. 01, S. 2011, was regulatory and
prohibitive is offensive to the Constitution, considering that Firmalo's order
places legal mining on the same plane with illegal mining for an indefinite
period.
The
judge also said Firmalo's order is an ultra
vires act. Ultra vires is a Latin
term which means "beyond the powers", a doctrine in corporate law holding that
if a corporation enters into a contract beyond the scope of its corporate
powers, the contract is illegal. He was succinct in saying that a
careful reading of the order shows it does not seek to enforce or implement a law
or ordinance because there is no law or ordinance that prohibits or suspends
all forms of metallic mining.
Aside
from the Constitution, the judge also cited the Local Government Code of 1991, Philippine
Mining Act of 1995, R.A. 7942, and President Benigno S. Aquino III's Executive
Order No. 97 to drive home the point that Gov. Firmalo acted "beyond his
powers" when he issued his order.
An
interesting point.
The
judge said that the creation by Firmalo's order of a special task force to
assess all pertinent mining applications, permits, and activities in the
province is illegal because this function is vested in the Department of
Environment and Natural Resources and the Mines and Geosciences Bureau.
"Local
government units are merely expected to cooperate so that the environmental
standards of mining laws, rules, and regulations are fully and strictly
enforced," Geronimo chastised Firmalo.
I
mentioned this because in a previous piece, I asked whether the provincial
government, in the light of Firmalo's order, had already established such a
special task force. I wanted then to know who are its members and whether they are
doing their job or just sleeping comfortably in their hammocks in the capitol.
I
also wanted to make sure that the members are not adding to the poste--all in all 14, I have been told,
and still counting--already in place in Sibuyan standing in line to collect regularly their share of protection money from
the small-scale mining activities.
If
my recollection is right, I think my friend Trina, the governor's chief of
staff, said yes, indeed, there was already a special task force, although to
this day, I haven't got a name of any one of them. Perhaps, they are horses
with no names, as the title of America's hit song goes?
In
sum, Judge Geronimo said local governments should only confine themselves to
impose reasonable limitations on mining activities conducted within their territorial
jurisdiction that are consistent with national laws and regulations--not to
prohibit it for an indefinite period of time.
In
his resolution, Geronimo also pin-pricked the toothless and less thought-out Joint Resolution No. 01-10 and Joint
Resolution 02-10 that prohibit mining and adopted by the Sangguniang Bayan of
San Fernando, Cajidiocan, and Magdiwang.
The
first joint resolution was addressed to the Secretary of the DENR, while the
second was addressed to the President of the Philippines. All were supportive
of Gov. Firmalo's executive order. All were declared by Judge Geronimo as not
ordinances, and thus, have no effect whatsoever.
Another
note.
It
was only now, after reading Geronimo's resolution, that I found out the comic--bordering
on the ridiculous--act of some of the members of the Sangguniang Panlalawigan, populated
as of now by elected legislators, some of whom are not in my favorite list of
thinking people.
In
his resolution, the judge devoted a whole paragraph noting how the Sangguniang
Panlalawigan waxed hot and cold on the issue.
On
the same day that Firmalo issued his order, or on 10 January 2011, the
provincial legislative body issued its own resolution, SP Resolution No.
01-2011-23, strongly supporting E.O. No. 1. The ink on this resolution has
hardly dried up when the SP followed up with another resolution, SP Resolution
No. 01-2011-24, requesting the provincial director of the Philippine National
Police "to immediately coordinate with other law enforcement agencies and arrest
the source of illegal mercury that is smuggled in the province".
Then,
the SP suddenly changed course like the wind. In a matter of only half-a-month,
or on 24 January 2011, the honorable members issued another resolution, SP
Resolution 01-2011-41, withdrawing its strong support to Firmalo's order.
What
happened? Perhaps, the SP members were visited by the spirit of their ancestors
and, finding enlightenment by thinking, or illumined by wisdom or motivation
other than light, acted they way they acted.
Still,
it puzzles me no end. If it withdrew its support to the order, why did it not
withdraw its request to the PNP provincial director? And relative to the
request, why arrest only the source of illegal mercury? Why not arrest the
smugglers and the consignees or users of the mercury themselves? What if the source
of the illegal mercury is in the US? Or nearer, like Cobrador Island? And yes,
is there legal mercury?
See
what hard thinking could do? It could raise a lot of questions.
Finally,
there is no doubt that Judge Geronimo's resolution was a bolt of lightning out
of the blue, a set-back, a slap in the face of Romblon anti-mining activists
and a triumph on the part of the miners.
The
short-sighted and unthinking class may even read this as political and paint it
as a preview of the impending clash in the May 13 election.
Looking
for an upset? This is it. An upset, yes, but for those who care for Romblon's
ecological balance, not for the politicians who can change their colors whenever
it is favorable to their interest. Or if it threatens their survival.
I
asked Awe Eranes what Gov. Firmalo's reaction was to the resolution. His answer
was terse: "Malungkot,
siyempre." (Sad, of course).
He
should be. But this could not have happened if he only listened to the advice
of those in the know, even to those who are steeped in the law, before hastily
issuing the order.
Leadership--the
transformative kind--requires a leader to think of the pros and cons of a certain
course of action, to balance the causes and effects of a decision and their
impact on the larger audience, and to see the larger picture, to distinguish
the trees from the forest, so to speak, in an impassioned, detached way.
Alas,
E.O. No. 1, S. 2011, was issued because of the heat of the moment, of the
onrush of public opinion which is sometimes not the kindest kind and, therefore,
not imbued with this perspective, Judge Geronimo so easily, coldly, rationally demolished
the order.
We
who are all against the mining rape of the province could learn a lesson or two
from Odiongan Vice Mayor Brix Fajutnao's deep thinking on this matter. He said,
after reading the resolution, that the issuance of the governor's order did not
even benefit from a single public consultation.
I
agree. Issuances of this kind, being of a very sensitive nature and having the force
and effect of law, should have been subjected to a thorough study and analysis
and to an extensive and expansive consultation with all affected stakeholders.
Even
if it means paying for an expensive pump boat rent to Sibale--which many of the
members of the Sangguniang Panlalawigan have not visited for three years--to consult
with the Sibalenhons who have their own views to share on mining and other
issues.
